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Terms and Conditions
PPPay Terms and Conditions The PPPay service enables you to send and receive payments via your registered PPPay 'Instant' or 'Escrow' account. This Agreement describes the terms and conditions applicable to your use of the PPPay Service. The PPPay Service provides an online service enabling any one over the age of 16 and who has a valid debit or credit card to send and receive money via email. Please read carefully. By clicking 'I Accept' you agree that you will be bound by and comply with all of the PPPay terms. If you do not agree with or are not prepared to accept the terms and conditions, you should not use the Service. 1. Users' eligibility and responsibilities 1.1 In order to use PPPay, you must: 1.1.1 provide us with your name and be an individual person at least 16 years of age; 1.1.2 have a valid and active e-mail address; 1.1.3 provide us with your landline telephone number; 1.1.4 hold a valid debit or credit card. 1.2 Members must register as either being an Individual or Seller. 1.3 To opt for Seller account status you should be a Seller selling goods or services. It shall be at the sole discretion of PPPay whether to grant Seller account status. 1.4 You will use the service for lawful purposes only and not in a manner which may give rise to criminal or civil liability. 1.5 If any information provided by you is untrue, inaccurate, not current, or incomplete, PPPay reserves the right to terminate your use of the service and any pending payments may be cancelled. Furthermore, PPPay shall have the right to recover from you any costs or losses incurred, whether directly or indirectly, as a result of such inaccurate or incomplete information. 1.6 You alone are responsible for the instructions you give to PPPay and for this reason PPPay may not be able to detect errors in instructions you give. 2. Payment 2.1 It is your responsibility to ensure that the payment has been addressed to the correct recipient at the correct e-mail address. 2.2 All payments made by you are final and not reversible once the recipient has received the payment sent by PPPay in accordance with your instructions. Where you dispute a transaction between you and another party, PPPay will not enter into any payment disputed by you and any other person other than to confirm that the payment was made in accordance with the instructions you gave to PPPay. PPPay cannot arrange for money to be given back to you where you believe the payment was made incorrectly by you. 2.3 Providing that the proposed transfer will not exceed the cleared balance in your PPPay account, and also that the transfer will not take the receiver's balance above the purse limit for that account, PPPay will inform both the sender and the receiver by email when payment instructions have commenced and also when funds have been sent and received. 2.4 It is your responsibility to ensure that the payment terms that you agree with the recipient are acceptable to you. If the recipient has not accepted the monies within 30 days (30 days for internal payments), the sender will then have the option to call the funds back to their PPPay account as long as they have verified the card used to send payment. 2.5 When using a credit or debit card for the first time, you acknowledge that a verification fee will also be added to the total amount to be debited. This, now unknown, total amount must be found via your bank or card statement and entered into the relevant form to allow the payment to be acceptable to the receiver or refundable to the sender. 3. User Information 3.1 Some accounts, at PPPay's discretion, may have a higher or lower spending limit depending on your status at PPPay. See Helpdesk. 3.2 Some accounts, at PPPay's discretion, may have a higher or lower maximum balance depending on your status at PPPay. See Helpdesk. 3.3 PPPay's service is limited to providing you with a secure payment facility. PPPay is not a bank and therefore not subject to UK banking rules and regulations. 3.4 PPPay cannot help you resolve disputes with persons you send money to through PPPay. You should contact the recipient directly or use other legal remedies against the recipient that may be available to you, if you cannot resolve your dispute informally. In case of suspected fraud, you should proceed via appropriate legal channels. 3.5 You may not dispute or charge back a transaction used to fund your PPPay account on the basis of any dispute with a recipient over the amount owed; the quantity, quality, or safety of goods or services purchased; whether or not goods or services have been shipped, received, or performed; or any other aspect of your relationship with a recipient. This is true even if you used your debit or credit card to fund your account. 3.6 Should any sums have been deducted fraudulently from your debit or credit card, PPPay shall not be liable to repay any sums to you, as it is the responsibility of your bank to ensure that these sums are refunded back to you. 3.7 PPPay reserves the right to place a freeze or reverse at a later time any monies held, received, transferred or withdrawn from an account or charge monies back from a receiving or sending account at any time where PPPay has reasonable grounds to believe any monies involced could be deemed to be fraudulent or have reason to believe that a payment may be subject to a Chargeback, Reversal, Claim or otherwise become invalidated at a later date. We reserve the right to return payments received into sellers accounts or otherwise remove from their account after they have received the e-money /payment and have been paid and/or delivered any goods or services sold. We may close, suspend, or limit your access to your access to your account or our services, and /or limit access to your funds to the extent and for so long as reasonably needed to protect against the risk of liability. For this reason we do not accept payments for pre ordering of goods. 3.8 PPPay will not be responsible to you for any loss or damage you may suffer where we refuse to or are unable to carry out your instructions and our refusal or inability is allowed under these Terms and Conditions. 3.9 Any amount withdrawn to PPPay will be drawn from your debit or credit card. Any amount withdrawn by you from your PPPay account will be withdrawn to your bank on file. 4. Fees 4.1 You agree to pay the fees shown in the Transaction Fees as amended from time to time in accordance with this policy. Fees incurred by the receiver (recipient) for accepting receipt of the funds that ultimately opts to decline the transaction will be transferred to the sender. 4.2 Gold status applications incur non refundable fees. 4.3 Where PPPay is unable to deduct any fees or other monies payable by the account holder from the balance of the account holder PPPay shall issue an invoice for the amount owed. Invoices are payable within fifteen (15) days of the date of the invoice. In case of overdue payments, PPPay reserves the right to (i) charge interest in the amount of 4% above the official Bank or England rate(accruing daily); and/or (ii) terminate this agreement with immediate effect by giving written notice to the account holder. 4.4 Your Account will remain free of a service fee if you log into or make a transaction using your account in a 12 month period. If you do not do this, the Service Fee of GBP(£)3.00 (or equivalent) will be deducted monthly from any positive account balance. 5. Confidentiality 5.1 It is your responsibility to protect the confidentiality of your account including, but not limited to, your PPPay username and password. You shall notify PPPay immediately if you believe that any third party has become aware of such information. 5.2 You acknowledge and agree that your personal data, order details and delivery details have to be disclosed by PPPay to the other party or parties involved in the transaction. 5.3 PPPay reserves the right to disclose to third parties general information in relation to use of the service that does not identify user's personally. 6. Data Protection 6.1 Where you send PPPay any details about yourself or others, PPPay will ensure that it holds this information in accordance with the Data Protection Act 1998. 7. Intellectual Property 7.1 Any patent, copyright, registered design, trade mark or other industrial or intellectual property right subsisting in PPPay, its name and its service and any applications for any of the foregoing shall not be copied, imitated or used, in whole or in part, without the express prior written permission of PPPay. 8. Limitation of Liability and Chargebacks 8.1 PPPay shall in no way, and under no circumstances, be liable for any damages or losses, including without limitation, direct, indirect, cnsequential, special, incidental, or punitive damages deemed or alleged to have resulted from or caused, directly or indirectly, by: 8.1.1 Payments made to unintended recipients or payments made in incorrect amounts due to the input of incorrect information by senders; 8.1.2 Any fraud, deception or misrepresentations by you, whether or not you are verified in any manner; 8.1.3 A recipient's decision not to accept a payment made through PPPay; 8.1.4 Any errors or omissions in the website content; 8.1.5 The misuse of the web site content or the inability of any person to use the site; 8.1.6 Delays, losses, errors, or omissions resulting from failure of any telecommunications or any other data transmission system and the failure of the central computer system or any part thereof; 8.1.7 Any results of any acts of Government or authority, any act of God or force majeure. 8.1.8 Any cash advancement fees issued by your credit card company. 8.2 You agree to release, indemnify, and hold PPPay harmless against any claim brought against PPPay by a third party resulting from your use of PPPay's services in respect of all losses, actions, proceedings, claims, damages, expenses or liabilities whatsoever suffered and howsoever incurred by PPPay in consequence of your non observance or breach of these Terms and Conditions. 8.3 Responsibility for chargebacks and their associated costs on sums received by you always lies with you as the recipient. All chargebacks that are charged to your account are subject to our standard chargeback fee of GBP(£)20.00 or the equivalent in the denominated currency. 8.4 Re-credited funds after a successful chargeback defence may take up to 90 days dependant on the consumerís card issuer that raised the chargeback to appear in your PPPay.com account. 9. Assignment 9.1 You shall not transfer any rights or obligations you may have under this Agreement without the prior written consent of PPPay. PPPay reserves the right to transfer any rights or obligations under this Agreement without your consent. 10. Closure of Account 10.1 You shall notify PPPay if you wish to close your account. It is your responsibility to withdraw funds prior to closing your account. 10.2 Notwithstanding clause 9.1 above, PPPay reserves the right to suspend or close your account at any time and without notice. 11. Escrow payments 11.1. Legal Relationship 11.1.1 Whether you are acting as a Buyer or a Seller, you acknowledge and agree that, pursuant to this Agreement: 11.1.2 PPPay is acting solely in its capacity as trustee of the monies paid by the Buyer into an Escrow payment account; 11.1.3 PPPay's sole responsibility is to act as a trustee of the purchase price for the goods or services and to deal with such monies in accordance with this Agreement; 11.1.4 PPPay will have no other duties or obligations other than those set out in this Agreement. 11.2 Commencement 11.2.1 The rights and obligations set out in this Agreement shall not take effect in respect of an escrow payment until both the Buyer and Seller have confirmed to PPPay their agreement to the transaction. 11.3. Payment 11.3.1 The Buyer shall pay the purchase price into its PPPay Escrow account, together with any relevant standard fee, to include the escrow fee and the delivery fee, as published from time to time. 11.4. Notification 11.4.1 PPPay shall notify the Seller by email within 24 hours of receipt of funds into PPPay escrow. This notification shall include the Buyers address for delivery of the goods. It shall be the Buyer's responsibility to inform PPPay of the address it wishes the goods to be delivered to. 11.5. Delivery 11.5.1 The Seller is responsible for delivering the goods to the Buyer. The Buyer can cancel the transaction if 30 days (30 days for internal payments) have elapsed from escrow payment being deposited and if the seller has not entered a tracking ID within this period. 11.5.2 Unless otherwise agreed, delivery shall be via the Royal Mail or Parcelforce's track and trace method to the Buyer's address specified in the notification within five (5) working days of receipt of the email confirmation that the funds have been placed in PPPay escrow. 11.5.3 Within 24 hours of sending the goods off by courier the Seller shall notify PPPay of the relevant tracking details (by entering a valid track and trace number). 11.5.4 The Seller is responsible for insuring the goods while in transit to at least their full purchase price. 11.5.5 The Buyer and the Seller acknowledge and agree that PPPay shall not be liable nor incur any liability in relation to any goods or services purchased using the service and shall not be liable for any damage to goods in transit, or during the agreed inspection period of the Buyer or otherwise. 11.5.6 The Buyer and the Seller acknowledge and agree that PPPay shall not be liable nor incur any liability in relation to any delay or other problem in delivery and that any and all claims disputes or complaints shall be taken up with the relevant Courier. 11.6. Acceptance 11.6.1 The Buyer shall sign for the goods when they are delivered. It is acknowledged and agreed that if any other person signs for the goods on the Buyer's behalf, whether authorised or not, then the goods shall be deemed to have been signed by the Buyer for the purposes of this Agreement. 11.6.2 If the Buyer or someone acting on the Buyer's behalf fails to sign for the goods when they are delivered or within two (2) working days of attempted delivery, acceptance shall be deemed to have occurred and the purchase monies shall be released to the Seller. 11.6.3 Subject to clause 10.6.2 above, the Buyer and the Seller acknowledge and agree that PPPay shall retain the purchase monies for 24 hours from the time when the Buyer signed for the goods (PPPay to have received confirmation from the carrier that the goods have been signed for by the Buyer). It is the Buyer's responsibility to inspect the goods in this period. 11.6.4 Subject to clause 10.7 below, the Buyer and the Seller acknowledge and agree that PPPay shall then release the monies to the Seller. 11.7. Rejection of goods 11.7.1 The Buyer shall inspect the goods and notify PPPay if it intends to reject the goods within 24 hours of delivery. 11.7.2 If the Buyer has reasonable and just cause to wish to reject the goods, the Buyer shall: 18.104.22.168 notify PPPay via the rejection section in the escrow status section before the expiry of the 24 hour period; 22.214.171.124 state the reason for the rejection of the goods; 126.96.36.199 return the goods to the Seller within five (5) working days and in the same condition in which they were received by the Buyer. 11.7.3 In respect of clause 10.7.2.3 above, delivery shall be via the Royal Mail or Parcelforce's track and trace method. 11.7.4 Within 24 hours of sending the goods off by courier in accordance with clause 10.7.3 the Buyer shall notify PPPay of the relevant tracking details (by entering a valid track and trace number). 11.7.5 The Buyer shall be responsible for the cost of delivery under clause 11.7.3 and also for insuring the goods while in transit to at least their full purchase price. 11.7.6 The Seller shall then sign for the goods when they are delivered. If the Seller fails to sign for the goods when they are delivered or within two (2) working days of attempted delivery, acceptance shall be deemed to have occurred and the purchase monies shall be released to the Buyer. 11.7.7 If the goods have been damaged, the Buyer shall provide a detailed description of the nature and extent of the damage within the initial 24 hour inspection period. 11.7.8 The Seller shall then assess the description of the damage and inform PPPay within 24 hours of receiving the goods back whether, in its view, the damage has been caused during or post delivery or whether the damage was already existing. 11.7.9 If the Seller notifies PPPay that the damage to the goods is new and was not existing prior to delivery, then the Seller agrees to proceed with an insurance claim for the damage with the Courier Company. 11.7.10 Where the Seller is required to file an insurance claim with the Courier Company as per clause 10.7.9 above, the Seller agrees to send proof of claim within five (5) working days to PPPay. 11.7.11 If the Seller accepts that the goods were damaged prior to delivery or if the goods were rejected for a reason other than damage, the Seller shall re-send new goods (but still matching the terms of the purchase order) to the Buyer in accordance with clause 10.5 save that delivery shall be within five (5) working days of the Seller receiving the damaged goods back from the Buyer. 11.7.12 If the Seller is not able to send the Buyer goods in accordance with clause 10.7.11 above, the Seller shall notify PPPay and the Buyer within five (5) working days of receiving the damaged goods back from the Buyer, whereupon, unless the parties shall agree and notify PPPay otherwise and PPPay consents, the transaction shall be deemed to be cancelled and PPPay shall release the purchase monies back to the Buyer. 11.7.13 The parties shall provide full co-operation at all times. If there is any dispute between the Buyer and the Seller in respect of the rejected goods and/or a party does not assist in a claim against the Courier company PPPay shall retain the transaction monies held in escrow until such time as the parties have either reached a resolution or agreed to cancel the transaction. If a resolution has been reached, the parties must both confirm the details to PPPay in order for any adjustment to be made in payment of the purchase money. 11.8. Release of monies 11.8.1 The release of monies shall be effected by PPPay in accordance with this Agreement and within two working days of: 188.8.131.52 Deemed acceptance by virtue of clause 11.6.1; 184.108.40.206 Deemed acceptance by virtue of clauses 11.6.2 and 11.6.3; 220.127.116.11 Deemed acceptance by virtue of clauses 11.7.6; 18.104.22.168 Deemed termination of the transaction as per clauses 11.7.12; 22.214.171.124 Resolving a dispute or agreeing to cancel the transaction following the rejection of the goods, as per clause 11.7.13. 11.8.2 The amount of all and any monies released by PPPay shall be less PPPay's standard escrow fee. This fee shall be deducted by PPPay from the monies deposited by the Buyer in its Escrow account further to the Buyers proposed transaction with the Seller. The deduction of the fee shall be immediate upon depositing the Buyer's monies in its Escrow Account. The fee is non-refundable. 12. Additional terms 12.1. Nothing in this Agreement is intended to confer any benefit on any third party (whether referred to herein by name, class, description or otherwise) or any right to enforce a term contained in this Agreement. 12.2. All notices under and in connection with the Agreement shall be in writing and shall be sent by recorded delivery or email. It is your responsibility to inform PPPay of any changes to your postal or email address. 12.3. In the event that any provision of this Agreement is declared by any judicial or other competent authority to be void voidable illegal or otherwise unenforceable the remaining provisions of this Agreement shall remain in force and effect unless PPPay in its discretion decides that the effect of such declaration is to defeat the original intention of the parties in which case PPPay shall be entitled to terminate this Agreement forthwith. 13. Affiliates 13.1 We reserve the right to refuse affiliates from marketing our program. Possible reasons for rejection include, but are not limited to, sites we find to contain sexually explicit, violent, discriminatory, or illegal content. We reserve the right to terminate at any time or change the terms of our program at any time. You may terminate your affiliate program at any time. 13.2 You understand you are acting as an independent and as such are responsible for your own taxes and any other liabilities. You agree that you are not authorized to act on our behalf other than marketing services as an independent for a commission. 13.3 Spamming will not be tolerated. We do not tolerate the sending of unsolicited emails or spamming in any form. Affiliates found undertaking such practices will have their accounts suspended and possible terminated at the discretion of PPPay. 14. Amendments 14.1 PPPay reserves the right to amend these Terms and Conditions from time to time. Any amendments shall be published on the PPPay website and shall take effect immediately - to apply to any transactions entered into after the amendments have been published. 15. Data Retention 15.1 We collect and store personal and (depending on the services you use) we may ask you to send us additional information, such as your driverís licence or a recent utility bill to further authenticate your identity. Stored information includes correspondence through our sites, and correspondence sent to us; other information from your interaction with our sites, services, content and advertising, including computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information; 15.2 PPPay provides contact information to participating counter parties to enable transaction exchanges to run efficiently. Information provided may include email address contact name, address and other related contact and shipping details. 15.3 We may disclose personal information to comply with any legal requirements and in compliance with any relevant laws and to help with any investigations and actions permitted in response to claims that a listing or other content violates the rights of others, or to protect anyone's rights, property, or safety. PPPay retains personal information to comply with statutory legal requirements and to ensure as much as possible a safe and secure trading environment and employs proactive fraud prevention screening. 15.4 All the personal data entered is recorded and stored in a secure database. 15.5 By accepting the Terms & Conditions you expressly consent to our collection, storage, use and disclosure of your personal information as described in 16. Applicable Law 16.1 These terms and conditions and the relationship between the parties shall be governed by the laws of the United Kingdom. All disputes, controversies and claims arising out of or relating to these terms and conditions shall be resolved by the English Courts. PPPay Ltd is certified as a Small Electronic Money Issue by the Financial Conduct Authority. PPPay Ltd is a company registered in England and Wales, No. 4589694. Registered Office: 82 High Road, Byfleet, Surrey KT14 7QW
© PPPay Ltd - All rights reserved.
PPPay Ltd is registered as a Small Electronic Money Issuer (no.900041) by the Financial Conduct Authority.
Contact Address : 303 Wey House, 15 Church Street, Weybridge, KT13 8NA, Surrey, UK